USA v. Roberto Minor, No. 15-51062 (5th Cir. 2016)

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Case: 15-51062 Document: 00513529085 Page: 1 Date Filed: 06/01/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-51062 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 1, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ROBERTO MINOR, also known as Robert Minor, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:09-CR-242-1 Before GRAVES, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Roberto Minor, federal prisoner # 57361-280, moves for leave to proceed in forma pauperis (IFP) on appeal. He seeks to challenge the denial of his 18 U.S.C. § 3582(c)(2) motion in which he sought a sentence reduction pursuant to Amendment 782 to U.S.S.G. § 2D1.1. Minor was held responsible for more than the quantity of methamphetamine that triggers the highest base offense level under both the Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-51062 Document: 00513529085 Page: 2 Date Filed: 06/01/2016 No. 15-51062 version of § 2D1.1(c) in effect when he was sentenced and the retroactive, amended version. Accordingly, Amendments 782 and 788 did not change his offense level or lower his guidelines range, and the district court did not abuse its discretion in denying him a sentence reduction under § 3582(c)(2). See U.S.S.G. § 1B1.10(a)(2)(B); United States v. Evans, 587 F.3d 667, 672 (5th Cir. 2009). Because the appeal lacks arguable merit and is therefore frivolous, Minor’s motion for leave to proceed IFP on appeal is DENIED, and his appeal is DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. 2